2010AP11-CR State v. Kunselman

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Criminal Procedure
Ineffective assistance; attorney-client privilege

Christopher J. Kunselman appeals from a judgment convicting him of first-degree reckless injury and aggravated battery and from an order denying his motion for postconviction relief based on ineffective assistance of trial counsel. We conclude that trial counsel’s breach of the attorney-client privilege was deficient performance because he failed both to inform Kunselman that he gave the prosecution a copy of Kunselman’s written statement and to prepare Kunselman for the damaging cross-examination that counsel reasonably should have known would ensue. In a case that so hinged on credibility, counsel’s deficient performance undermines our confidence in the reliability of the outcome. We reverse and remand for a new trial. This opinion will not be published.

2010AP11-CR State v. Kunselman

Dist II, Sheboygan County, Langhoff, J., Per Curiam

Attorneys: For Appellant: Sczygelski, Ralph, Manitowoc; For Respondent: Balistreri, Thomas J., Madison; DeCecco, Joseph R., Sheboygan

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